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Common law copyright is the legal doctrine that grants copyright protection based on common law of various jurisdictions, rather than through protection of statutory law. In part, it is based on the contention that copyright is a natural right and creators are therefore entitled to the same protections anyone would be in regard to tangible and ...
Common law trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts. Marks registered with the U.S. Patent and Trademark Office are given a higher degree of protection in federal courts than unregistered marks—both registered and unregistered trademarks are granted some ...
Territorial extent of trademark rights Majority: Holmes: Trademark Act of 1905 The Trade-Mark Act cannot enjoin infringement occurring only intrastate; Common-law trademark rights to not extend to states where the mark has not been used. Kellogg Co. v. National Biscuit Co. 305 U.S. 111: 1938: Substantive: Secondary meaning Majority: Brandeis
1) ASCAP members have a common and undivided interest in the right to license in association through the Society free of the state statute. 2) The lower court should have allowed ASCAP members the opportunity to price the cost of complying with the statute and the value of the copyrights affected by it.
The following partial list contains marks which were originally legally protected trademarks, but which have subsequently lost legal protection as trademarks by becoming the common name of the relevant product or service, as used both by the consuming public and commercial competitors. These marks were determined in court to have become generic.
For example, in the United States, trademark rights are established either (1) through first use of the mark in commerce, creating common law rights limited to the geographic areas of use, or (2) through federal registration with the U.S. Patent and Trademark Office (USPTO), with use in commerce required to maintain the registration.
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Common types of intellectual property rights include copyrights, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions, trade secrets. These may be sometimes called intellectual rights. See outline of patents for a topical guide and overview of patents.
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